My ex and I share joint custody but our children live with me and always have. I was not put on our oldest son's birth certificate at birth and we were not married at that time. I did sign an affidavit of paternity years later after she had left us and had been gone for a number of years but kept threatening me that I was not on the birth certificate and she would take him. It has recently come to light that I truly may not be his biological father. I would like to prove paternity. Will the court accommodate that even though I signed the affidavit? We are in New York.

Also he is out of control in my home and it is a problem for my younger kids and myself and my wife. I am seriously considering signing custody over to his mother can that be done immediately if I file in family court today can he go live with her today? I am willing to sign over full sole custody with no visitation for me, it is that bad.

If I do prove paternity and this child is not mine what are my rights then? Because basically I have been duped for 15 years. I signed the Affidavit to secure my rights because I was tired of being threatened because as far as I knew the child was my son.

This is a New York state question. Can support be awarded if each parent has custody of one of the children when there are just the 2 children but one parent's income is significantly lower than the other?

New York Family Court - Part 1 - § 516-A
§ 516-a. Acknowledgment of paternity.
(ii) After the expiration of sixty days of the execution of the acknowledgment, either signator may challenge the acknowledgment of paternity in court by alleging and proving fraud, duress, or material mistake of fact.

Having said that you have been the primary caregiver for fifteen years , I see the odds are against you.

Yes,it can.

The State of New York's child support guidelines state:

* “The gross income of each parent is determined and the incomes are combined;

* the combined parental income is multiplied by the appropriate child support percentage—17 percent for one child, 25 percent for two children, 29 percent for three children, 31 percent for four children, and not less than 35 percent for five or more children;

* this figure is the basic child support obligation, which is then divided between the parents on a pro-rata basis, according to the amount of their respective incomes;

I agree the odds are against you for overturning paternity. But if the mother agrees to accept custody, then you should be able to transfer primary custody to her.

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